Beneficial use is a legal term referring to an individual’s rights to certain aspects of a property, even if someone else owns it. Disputes often involve access to resources such as light, air, and water. It can also involve issues of escrow ownership. The law is subjective, but the government tends to favor the community over an individual owner.
Advantageous use is a legal term relating to the rights an individual has to certain aspects of a property even if someone else owns title to that property. Most often, beneficial use disputes have to do with access to resources such as light, air, and water, but they can also involve issues of escrow ownership. Another name for beneficial use is beneficial enjoyment and this title may be more definitive. If, for example, a homeowner wishes to add an extra story to his house, beneficial use issues may arise between him and adjacent landowners if this new construction obstructs the passage of sunlight to his neighbors’ property. It could also arise if the building obstructs the view of the landscape as it can be argued that the addition reduces the ability of its neighbors to enjoy their property.
Another example with a broader scope would be if a landlord decided to dam a stream on his land to create a pond. Before doing so, he should get permission from anyone who might be affected by the disruption of the flow so that he can avoid arbitration in the future. With respect to trusted properties, beneficial use can have a number of implications. One can claim beneficial ownership over a property to which they do not yet have title. As such, the benefits of a particular property may be used as long as such use is deemed appropriate given the parameters surrounding the property.
For another example of charitable use, the Berkley Landmarks Preservation Commission designated Berkley Iceland — an ice rink in Berkley, California — as an official city landmark in 2007, a decision that was corroborated by the Berkley City Counsel. East Bay Iceland, the owner of the ice rink, says the landmark status is denying them beneficial use of the property as they planned to redevelop the leisure center for an alternative, more profitable use. Their claims were found to be inconsistent with plans Save Berkley Iceland, a local grassroots organization, has put forward to revitalize the property. They believe the landmark is an essential community center that could provide neighborhood youth with a safe place to congregate away from school and low-paying jobs. It is evident that beneficial use is a vague law with very subjective implications; but for the most part, government will tend to favor the community or group over an individual owner.
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